Brewer vetoes new limits on state regulations

2013-04-18T05:00:00Z Brewer vetoes new limits on state regulations Arizona Daily Sun
April 18, 2013 5:00 am

Saying she's already done enough, Gov. Jan Brewer on Tuesday blocked lawmakers from putting new limits on state regulations.

The governor vetoed HB2322, which would have barred agencies from adopting rules that would "restrain or burden the free exercise of vested rights." Rep. Eddie Farnsworth, R-Gilbert, said this is aimed primarily at keeping government from imposing new regulations on someone's use of land that they are in the process of developing.

It also would require agency future rules to be technical only.

"What they can't do is make law," he said. "We have agencies that continue to make law, make things illegal."

In her veto message, Brewer pointed out that she put a moratorium on new rules after taking office in 2009. The governor said since that time her administration has sought to eliminate burdensome regulations.

She called this legislation "a bridge too far," saying it would impair the ability of agencies to implement state law. More seriously, it would keep agencies from repealing outdated and burdensome rules without specific legislative authority.

DRUNK DRIVING

Motorists convicted of drunk driving will no longer be able to escape having to install an ignition interlock device on their vehicles under the terms of legislation signed Wednesday by Gov. Jan Brewer.

Current law says once drunk drivers get their licenses back, they can only drive vehicles with interlocks for a specific period of time depending on the severity of the offense. Those interlocks prevent a car from starting without a "clean" breath sample and ask for random breath samples during any trip.

Arizona law has allowed those who cannot use an interlock to instead be put into a special program where they are tested for alcohol use once a day.

But federal law specifies that repeat drunk drivers have to use ignition interlocks, with a possible loss of $15.1 million in highway funds if Arizona did not bring its law into compliance.

BRACES

Getting those new invisible braces? State lawmakers want to be sure you're not taxed on them.

Legislation signed Wednesday by Gov. Jan Brewer would spell out that "orthodontic devices" are exempt from state and local sales taxes.

Generally speaking medical services, including dental, are not taxable. Only actual products are taxable.

Rep. Tom Forese, R-Chandler, said that's not an issue with traditional metal braces, where the value of the wires and clips is minimal. But he said the city of Chandler decided that the cost of the invisible braces which have to be manufactured should be taxed and other cities were looking to follow suit.

This new law spells out that these devices are not taxable. John MacDonald, lobbyist for the Arizona Dental Association, said there should be no effect on state finances as the Department of Revenue has never considered the items taxable.

STATE MILITIA

Arizonans older than 45 still won't be allowed to join the unorganized state militia -- assuming one actually existed.

Gov. Jan Brewer on Wednesday vetoed a proposal by Rep. Carl Seel, R-Phoenix, to remove the current upper age limit in Arizona law. Brewer said the change would also have affected the Arizona National Guard.

But the governor largely seemed bemused by the whole idea of worrying about eligibility for something that exists only on paper.

The Arizona Constitution says there is a state militia consisting of the National Guard, inactive guard and the "unorganized" militia, which is now everyone else between 18 and 45. But it has never been called out.

Brewer said it "gives me pause" to amend a law on a militia "that has not yet been established or funded."

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